IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20110024233
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests:
* Award of the Silver Star
* Award of the Purple Heart
* Promotion to the rank of sergeant (E-5)
2. The applicant states:
* On "May 9th" somewhere out in the field, he was a point man and was instructed to take a squad of guys and help cut down some trees for overhead cover
* The squad came under small arms fire from the North Vietnamese
* In his haste to return fire, he ran for cover behind a jeep, which quickly backed up and smashed him in the head knocking him unconscious
* He received stitches for the gash he sustained to his head
* In May 1970, he killed an enemy Soldier who was attempting to guard a North Vietnamese medical complex
* He was told he was being recommended for a Silver Star
* He was given a field promotion to sergeant after retrieving the body of a captain who had been killed
* The promotion was never acknowledged and he was discharged in the rank of specialist four (E-4)
3. The applicant provides a self-authored letter, dated 22 September 2011.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 11 February 1969. He completed training as a light weapons infantryman.
3. The applicant was promoted to pay grade E-2 on 11 May 1969 and to pay grade E-3 on 28 August 1969.
4. On 23 September 1969, the applicant arrived in Vietnam. He was promoted to pay grade E-4 on 7 April 1970. He departed Vietnam on 26 September 1970.
5. The applicant was honorably released from active duty on 2 December 1970 and was transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months, and 22 days of total active duty service.
6. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:
* Bronze Star Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* two Overseas Service Bars
* Vietnam Campaign Medal with Device (1960)
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar
* National Defense Service Medal
7. A review of the applicants records does not show that he was wounded as a result of hostile action by enemy forces while he was in the Army. His records do not reveal that he was ever recommended for award of the Silver Star or for promotion to pay grade E-5.
8. The applicant's name is not shown on the Vietnam Casualty Listing.
9. Army Regulation 600-8-22 (Military Awards) states:
a. the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and
b. the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
10. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
11. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command,
ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.
12. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. There is no evidence in the applicants official military record showing he was wounded as a result of hostile action by enemy forces. His name is not shown on the Vietnam Casualty Listing as a battle casualty. His description of the incident indicates he was not injured as a direct result of enemy action. He is not authorized the award of the Purple Heart.
3. The applicants military record does not contain any evidence showing he was ever recommended for award of the Silver Star. Based on the available evidence, he is not authorized the Silver Star. However, this in no way affects the applicants right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
4. The applicants records show he was promoted to pay grade E-4 on 7 April 1970. There is no evidence in his record showing he was ever promoted or recommended for promotion to pay grade E-5.
5. In view of the foregoing, the applicants requests should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110024233
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024233
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100016455
In awarding him the additional awards, HRC officials considered the request for award of the Purple Heart but determined there was insufficient evidence to show the helicopter crash and thus his injury was the result of enemy action. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. The FSM's service record is void of any orders that show he was awarded the Purple Heart, his name is not shown...
ARMY | BCMR | CY2014 | 20140017943
There is no evidence that the applicant has submitted a request to the Army Decorations Board, U.S. Army Human Resources Command (HRC) and was denied relief. d. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from his DD Form 214, and b. adding to his DD Form 214 the following awards: * Army...
ARMY | BCMR | CY2011 | 20110009540
She also requests a personal hearing: * his prisoner of war (POW) status and the POW Medal * his Green Beret status * Silver Star * Bronze Star Medal * Air Medal * Purple Heart * Republic of Vietnam Wound Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * South Vietnam Armed Forces Honor Medal, 2nd Class * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * his foreign service in Vietnam 2. The FSM was...
ARMY | BCMR | CY2010 | 20100027073
Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Purple Heart. The evidence shows: * item 41 of his DA Form 20 cites 9th Infantry Division General Order Number 2703 for awarding the Purple Heart * 9th Infantry Division General Order Number 2703 awards him the Purple Heart for wounds received on 17 April 1968 * the Vietnam casualty listing lists him as being...
ARMY | BCMR | CY2011 | 20110006341
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star, Bronze Star Medal, and two awards of the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Silver Star, Bronze Star Medal, or Purple Heart. A timeline of his military service that, in pertinent part, shows he was: * inducted in...
ARMY | BCMR | CY2007 | 20070004426
The applicant requested correction of his records to show award of the Silver Star. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. Evidence shows that the applicants records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2002 | 2002067297C070402
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect award of the Distinguished Service Cross, two Silver Stars, two Bronze Star Medals with "V" device, three Purple Hearts, the Army Commendation Medal, the Vietnam Service Medal with oak leaf clusters (properly three bronze service stars), the Combat Infantryman Badge, the Combat Medical Badge, the Presidential Unit Citation, and a individual Presidential Citation. In view of the foregoing...
ARMY | BCMR | CY2010 | 20100007914
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows he was awarded the Vietnam Service Medal and he participated in four campaigns while serving in the Republic of Vietnam. His name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his record is void of any orders that show he was awarded the Purple Heart, and his medical records are not available for review to indicate if...
ARMY | BCMR | CY2006 | 20060011101
The applicant's records contain a letter, dated 2 September 1971, from the Army Reserve Components Personnel and Administration Center, which shows he was awarded him the First Oak Leaf Cluster to the Army Commendation Medal. The evidence of record confirms that the applicant was awarded the Army Commendation Medal with Oak Leaf Cluster, by his unit, after his separation from active duty. As a result, the Board recommends that all the Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080010909
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 10 January 1975 to show award of the Purple Heart and the Silver Star. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.